The time has come to decriminalize Marijuana

In America, brutal men, brothers of the fascist, deny their fellow men the freedom to possess a plant.

By natural law, it is the right of mankind to possess every seed-bearing plant on the face of the whole earth and every tree that has fruit with seed in it. It is up to each to judge whether a plant does that individual good or ill. This is called freedom.

The fascist puts his fellow man into cages for possessing a plant that he does not approve of. The website of the Marijuana Policy Project notes that: “Federal government figures indicate there are more than 41,000 Americans in state or federal prison on marijuana charges right now, not including those in county jails.”

A plant is something that has life. It grows because God or nature or perhaps the soul of the plant itself imbued it with energy and life. Sun, soil, air and water help it grow.

Measures to legalize marijuana have resulted in unlikely alliances between the political left and right. In places like Colorado and Washington state, the possession and sale of pot was overwhelmingly approved by voters in last month’s elections.

And if Buffalo State Sen. Mark Grisanti has anything to say about it, New York may be the next in line for reform.

Health, public safety and tax arguments have provided common ground for tea party conservatives and liberals to come together on an idea whose time may have arrived.

Like California, both Colorado and Washington state already had medical marijuana statutes that allowed backers to simply ratchet up support to what is the next logical step. In Colorado, the legalization measure received 50,000 more votes than President Obama and he carried the state by five percentage points.

Another key factor was money.

According to data from the National Institute on Money in State Politics, pro-marijuana political action committees out-raised opponents 8 to 1 in Colorado. The Washington, D.C. based Marijuana Policy Project and Ohio based Progressive Insurance executive Peter B. Lewis contributed almost $2.1 million of $2.4 million in pro-pot donations. This allowed proponents to outspend their opponents by a considerable amount.

The money was used to hammer home three messages that seemed to have broad appeal: Police could focus on more serious crimes, marijuana taxation would raise money for the state, and regulating its sale and growth would hurt violent cartels thus making the marijuana business safer.

How did a plant become illegal in the first place anyway?

Regulations and restrictions on the sale of marijuana as a drug began as early as 1860 as a part of different local poisons laws. By the middle of the 1930s, every state had some regulation of the herb.

In 1936 the Federal Bureau of Narcotics noticed an increase of reports of people smoking marijuana, which further increased in 1937. The Bureau drafted a legislative plan for Congress and a smear campaign was subsequently launched against marijuana users. The media was swarmed with propaganda regarding the effects of marijuana.

Citizens were told that pot users were crazy, insane, and suicidal and had murderous intentions. The Marijuana Tax Act that passed in 1937 did not criminalize pot, but the federal law put users and dealers in the position of having to incriminate themselves under local laws in order to be in compliance.

Penalties as great as life in prison were meted out in states such as Texas, where the local laws were particularly harsh.
But the handwriting for continuing such punishment may be on the wall.

In September, New York City Mayor Michael Bloomberg directed Police Commissioner Ray Kelly to put a halt to the arrest and prosecution of low level marijuana offenders. Bloomberg’s directive has resulted in a 25 percent drop in such arrests.
Under the current law, possession of 25 grams or less of marijuana shouldn't result in arrest unless it is “burning or in public view.”

The NYPD, however, will often ask the hundreds of thousands they stop on the streets each year (most of whom are black or Latino) to empty their pockets. When the marijuana comes out of the pocket, it becomes "in public view," and they can make an arrest.

A full 80 percent of those arrested for marijuana possessions in New York are black or Latino.

Last week, Gov. Andrew Cuomo proposed legislation to make the New York City practice law throughout the state. Under Cuomo's proposal, low-level marijuana offenses would be punishable by a fine. Public pot-smoking, however, would still be a crime. Cuomo says the plan would help decrease the number of blacks and Latinos behind bars.

As more and more states continue to reform marijuana laws, New York could join the other 18 states and the District of Columbia by legalizing medical marijuana as early as next year.

Medical marijuana legalization could have strong support from Sen. Grisanti’s colleagues, and a renewed medical marijuana lobbying campaign has already begun. New York lobbying firm Patricia Lynch Associates has been retained by Colorado-based Gaia Plant Based Medicine, to press lawmakers and the governor to legalize medical marijuana.

Lynch won’t have to twist the arm of Sen. Grisanti, who is already in favor of full decriminalization.

“I am still extremely troubled by the tens of millions of taxpayer dollars that are spent every year on processing thousands of low level misdemeanor offenders — dollars that might be better spent by hard-pressed municipalities on more pressing law enforcement needs,” Grisanti said. “I am also disturbed by the resultant clogging of our court system.”

That isn’t to say the Senator is not without concerns, however.

“At the same time, I share the concerns of law enforcement professionals about rampant drug dealing in our community, and the violence that is part of that activity,” he said. “I will continue my ongoing discussions with the members of my conference as well as with the law enforcement community.”

However, as is often the case, Sen. Grisanti is the odd man out among Senate Republicans.

“Being able to just walk around with ten ‘joints’ in each ear, and it only be a violation, I think that’s wrong,” said New York State Senate Majority Leader Republican Dean Skelos, pointing to his ears.